What You Need to Know About Georgia’s Personal Injury Statute of Limitations
Posted on Friday, June 5th, 2020 at 5:46 am
The weeks and months immediately following an accident can be a painful, confusing, and difficult time for many accident victims. Unfortunately, most accident victims must also consider during this time whether they wish to file a claim for compensation for their injuries. Georgia law only provides a small window for injury victims to file a lawsuit for damages after an accident, and the amount of time changes depending on the type of personal injury case. At the law offices of Jonathan R. Brockman, P.C., our legal experts are here to zealously advocate for your claims and ensure that they are filed within the statute of limitations. Call or contact our office today to schedule a free evaluation of your case.
How Important is the Statute of Limitations?
The statute of limitations is one of the most important aspects of a personal injury case. If an injury victim tries to file a lawsuit after the statute of limitations has passed, the court is allowed to throw the case out and bar the victim from collecting any compensation for their injuries. It is critical that a lawsuit be filed within the statute of limitations and that you have an experienced attorney who understands how long you have to file your case.
General Personal Injury Claims
Most general personal injury claims, such as those arising from car accidents, boating accidents, premises liability claims, dog bites, and more have a statute of limitations of two years. This means that the injury victim has two years from the date of the accident to file a lawsuit against those responsible for damages. However, if one element of the case is a claim of loss of consortium from a spouse, the spouse has four years to file their lawsuit for loss of consortium damages.
Medical Malpractice Claims
Medical malpractice cases have different statutes of limitations depending on the type of malpractice claimed in the case. General medical malpractice claims have a statute of limitations of two years from the date of the injury. However, if the malpractice was caused by a healthcare professional leaving a foreign object in the body the statute of limitations is reduced to one year from the date that the injury is discovered. However, medical malpractice cases in Georgia also have a five year repose, which means that all medical malpractice claims are barred if more than five years have passed since the injury occurred.
Wrongful Death Claims
Finally, if a personal injury case ultimately results in the victim’s death, the family of the victim can file a claim for wrongful death. In Georgia, wrongful death claims have a statute of limitations of two years from the date of death of the victim. Talk to an experienced personal injury lawyer in Georgia to learn more about how long you have to file a personal injury claim.
If you would like to learn more about Georgia personal injury cases, call or contact the law offices of Jonathan R. Brockman, P.C. today to schedule a free consultation.